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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Balakrishnan – Appellant
Versus
Parameshwari – Respondent
| Table of Content |
|---|
| 1. plaintiff alleges post-sale encroachment on sold property. (Para 1 , 2 , 3 , 4 , 5 , 7) |
| 2. trial and appellate courts decreed in plaintiff's favor. (Para 6 , 8 , 9 , 10) |
| 3. substantial questions on suit maintainability and property description. (Para 11 , 13 , 14) |
| 4. ownership admitted; encroachment proven; injunction valid without possession claim. (Para 17) |
| 5. second appeal dismissed confirming decrees below. (Para 18) |
JUDGMENT
The unsuccessful defendant before the trial Court as well as the Appellate Court,is the appellant in the present second appeal
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3. The facts that are necessary for deciding the present second appeal, briefly:
4.The case of the plaintiff:
The plaintiff is the owner of Schedule A property, he having purchased a portion of vacant site of an extent of 1312 sq.ft. from the defendant. The plaintiff has constructed RCC building to an extend of
920.4 sq.ft in schedule B of the suit property, with the remaining portion being vacant. He also constructed a half foot compound wall, which is set out in C schedule Property. The defendant however is claiming rig
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